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GWINNER v. HEINER

No. 8242.

25 F.Supp. 659 (1938)

GWINNER v. HEINER.

District Court, W. D. Pennsylvania.

November 7, 1938.

Attorney(s) appearing for the Case

Reed, Smith, Shaw & McClay by W. A. Seifert, W. W. Booth, and J. A. McCann, all of Pittsburgh, Pa., for plaintiff.

James W. Morris, Asst. Atty. Gen., Andrew D. Sharpe and James P. Garland, Sp. Assts. to Atty. Gen., and Charles F. Uhl, U. S. Atty., and Orris Bennett, Sp. Asst. to U. S. Atty., both of Pittsburgh, Pa., for defendant.

McVICAR, District Judge.

This is an action to recover the sum of $10,108.15 with interest, alleged to have been erroneously collected from plaintiff as income tax for the calendar year 1930. Jury trial was waived.

Opinion.

In a reorganization proceeding June 16, 1930 of the Duquesne Steel Foundry Company, Wheeling Mold & Foundry Company and Hubbard Steel Foundry Company, all of the assets of said companies were conveyed to the Continental Roll...

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